# § 403. Appointments
**(a)** **In General.—** There shall be at the head of each Office an Inspector General who shall be appointed by the President, by and with the advice and consent of the Senate, without regard to political affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. Each Inspector General shall report to and be under the general supervision of the head of the establishment involved or, to the extent such authority is delegated, the officer next in rank below such head, but shall not report to, or be subject to supervision by, any other officer of the establishment. Neither the head of the establishment nor the officer next in rank below the head shall prevent or prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation, or from issuing any subpoena during the course of any audit or investigation.
**(b)** **Removal or Transfer.—** An Inspector General may be removed from office by the President. If an Inspector General is removed from office or is transferred to another position or location within an establishment, the President shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer. Nothing in this subsection shall prohibit a personnel action otherwise authorized by law, other than transfer or removal.
**(c)** **Not Employee Determining Policy.—** For the purposes of section 7324 of this title, an Inspector General shall not be considered to be an employee who determines policies to be pursued by the United States in the nationwide administration of Federal laws.
**(d)** **Assistant Inspectors General and Whistleblower Protection Coordinator.—**
**(1)** **In general.—** Each Inspector General shall, in accordance with applicable laws and regulations governing the civil service—
**(A)** appoint an Assistant Inspector General for Auditing who shall have the responsibility for supervising the performance of auditing activities relating to programs and operations of the establishment;
**(B)** appoint an Assistant Inspector General for Investigations who shall have the responsibility for supervising the performance of investigative activities relating to such programs and operations; and
**(C)** designate a Whistleblower Protection Coordinator who shall—
**(i)** educate agency employees—
**(I)** about prohibitions against retaliation for protected disclosures; and
**(II)** who have made or are contemplating making a protected disclosure about the rights and remedies against retaliation for protected disclosures, including—
**(aa)** the means by which employees may seek review of any allegation of reprisal, including the roles of the Office of the Inspector General, the Office of Special Counsel, the Merit Systems Protection Board, and any other relevant entities; and
**(bb)** general information about the timeliness of such cases, the availability of any alternative dispute mechanisms, and avenues for potential relief;
**(ii)** assist the Inspector General in promoting the timely and appropriate handling and consideration of protected disclosures and allegations of reprisal, to the extent practicable, by the Inspector General; and
**(iii)** assist the Inspector General in facilitating communication and coordination with the Special Counsel, the Council of the Inspectors General on Integrity and Efficiency, the establishment, Congress, and any other relevant entity regarding the timely and appropriate handling and consideration of protected disclosures, allegations of reprisal, and general matters regarding the implementation and administration of whistleblower protection laws, rules, and regulations.
**(2)** **Whistleblower protection coordinator not to act as legal representative, agent, or advocate.—** The Whistleblower Protection Coordinator shall not act as a legal representative, agent, or advocate of the employee or former employee.
**(3)** **Whistleblower protection coordinator access to inspector general.—** The Whistleblower Protection Coordinator shall have direct access to the Inspector General as needed to accomplish the requirements of this subsection.
**(4)** **Whistleblower protection coordinator exception for intelligence activity.—** For the purposes of this section, the requirement of the designation of a Whistleblower Protection Coordinator under paragraph (1)(C) shall not apply to—
**(A)** any agency that is an element of the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))); or
**(B)** as determined by the President, any executive agency or unit thereof the principal function of which is the conduct of foreign intelligence or counter intelligence activities.
**(e)** **Rate of Pay.—** The annual rate of basic pay for an Inspector General (as defined under section 401 of this title) shall be the rate payable for level III of the Executive Schedule under section 5314 of this title, plus 3 percent.
**(f)** **Prohibition on Cash Awards.—** An Inspector General (as defined under section 401 or 415(a) of this title) may not receive any cash award or cash bonus, including any cash award under chapter 45 of this title.
**(g)** **Legal Advice.—** Each Inspector General shall, in accordance with applicable laws and regulations governing the civil service, obtain legal advice from a counsel either reporting directly to the Inspector General or another Inspector General.
---
**Source Credit**: (Pub. L. 117–286, § 3(b), Dec. 27, 2022, 136 Stat. 4208.)
### Amendments Not Shown in Text
This section was derived from section 3 of the Inspector General Act of 1978, , which was set out in the former Appendix to this title, and as it existed as of . was amended by , §§ 5202(a)(1), 5203(a), 5204(a), , , 3227, 3233, prior to being repealed and reenacted as this section by , §§ 3(b), 7, , , 4361. For applicability of those amendments to this section, see , set out in a Transitional and Savings Provisions note preceding . was amended as follows:
(1) in subsection (b)—
(A) by inserting “(1)(A)” after “(b)”;
(B) in paragraph (1), as so designated—
(i) in subparagraph (A), as so designated, in the second sentence—
(I) by striking “reasons” and inserting “substantive rationale, including detailed and case-specific reasons,”; and
(II) by inserting “(including to the appropriate congressional committees)” after “Houses of Congress”; and
(ii) by adding at the end the following:
(C) by adding at the end the following:
(2) in subsection (d)(1)(C)—
(A) in clause (i), in the matter preceding subclause (I), by inserting “, including employees of that Office of Inspector General” after “employees”; and
(B) in clause (iii), by inserting “(including the Integrity Committee of that Council)” after “and Efficiency”; and
(3) by adding at the end the following:
As enacted by , subsection (b) of this section contains a heading after the subsection designation. The amendment inserting “(1)(A)” after “(b)” in amended text that did not contain a subsection heading.
For definition of “appropriate congressional committees” as seen in the above amendments by , see Amendments Not Shown in Text note set out under .
| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 403 | 5 U.S.C. App. (IGA § 3) | Pub. L. 95–452, § 3, Oct. 12, 1978, 92 Stat. 1101; Pub. L. 110–409, §§ 3(a), 4(a)(1), 5, 6(a), Oct. 14, 2008, 122 Stat. 4302, 4305; Pub. L. 112–199, title I, § 117(a), Nov. 27, 2012, 126 Stat. 1474; Pub. L. 114–317, § 7(d)(3)(A), Dec. 16, 2016, 130 Stat. 1606; Pub. L. 115–192, § 2(a), June 25, 2018, 132 Stat. 1502. |
In subsection (d)(4) (matter before subparagraph (A)), the words “Whistleblower Protection Coordinator” are substituted for “Whistleblower Protection Ombudsman” to correct an error in the law.
## Statutory Notes and Related Subsidiaries
### Effective Date of 2022 Amendment
> **“(1)** **Definition.—** In this subsection, the term ‘Inspector General’ has the meaning given the term in subsection (h)(1)(B) of section 3 of the Inspector General Act of 1978 (5 U.S.C. App.), as added by subsection (a) of this section [see Amendments Not Shown in Text note above].
>
> **“(2)** **Applicability.—**
>
> **“(A)** **In general.—** Except as provided in subparagraph (B), this section [amending section 3 of Pub. L. 95–452 (restated as this section), sections 3033 and 3517 of Title 50, War and National Defense, and enacting provisions set out as a note under this section], and the amendments made by this section, shall take effect on the date of enactment of this Act [Dec. 23, 2022].
>
> **“(B)** **Existing vacancies.—** If, as of the date of enactment of this Act, an individual is performing the functions and duties of an Inspector General temporarily in an acting capacity, this section, and the amendments made by this section, shall take effect with respect to that Inspector General position on the date that is 30 days after the date of enactment of this Act.”
, , , provided that:
### Construction
> “Nothing in the amendment made by subsection (a) [adding subsec. (h) to
>
> (restated as this section), see Amendments Not Shown in Text note above] may be construed to limit the applicability of sections 3345 through 3349d of title 5, United States Code (commonly known as the ‘Federal Vacancies Reform Act of 1998’), other than with respect to section 3345(a) of that title.”
, , , provided that:
> “Nothing in the amendments made by this section [amending former sections 3 and 8G of
>
> , see
>
> , 415] shall be construed to alter the duties and responsibilities of the counsel for any establishment or designated Federal entity, except for the availability of counsel as provided under sections 403(g) and 415(g) of title 5, United States Code. The Counsel to the Inspector General shall perform such functions as the Inspector General may prescribe.”
, , , as amended by , , , provided that:
### Acting Treasury Inspector General for Tax Administration
, , , as amended by , , , 1501A–302; , , , related to the appointment by the President of an Acting Treasury Inspector General for Tax Administration whose service was to conclude no later than .
[, , , 1501A–302, provided that the amendment made by subsection § 239(a) to was effective as if included in the enactment of .]